International Code Of Conduct On Pesticide Management Guidance On Pesticide Legislation Second Edition

The purpose of the guidelines is to provide guidance to governments that seek to review, update or design national pesticide legislation. It should be emphasized, however, that legislation alone cannot ensure effective pesticide management and adequate protection of the environment and public health. Governments will need to have in place the necessary institutional infrastructure for registering pesticides and enforcing legislation. Further, governments also need effective supporting policies and tools to promote sustainable pest and pesticide management. This may include promoting Integrated Pest Management (IPM) and Integrated Vector Management (IVM) through training programmes and incentive schemes, increasing availability and use of low risk products, fostering scientific research, carrying out public education campaigns and providing training for inspectors, retailers and professional users. A solid legislative framework should underpin the selected institutional framework, policies and tools. This document supersedes the Guidelines for Legislation on the Control of Pesticides of 1989.

Within the context of the implementation of the International Code of Conduct on Pesticide Management, this document is intended to provide specific guidance for countries wishing to establish or strengthen their programmes for licensing of activities connected to the pesticide life-cycle, including import, storage, distribution, sale and specific uses, and to provide guidance on options to set up and improve national licensing schemes. This guidance is designed primarily for use by government authorities in charge of pesticide management, in particular pesticide regulations, compliance, enforcement and risk reduction, as well as may also be useful in sectors such as the pesticide industry, nongovernmental organizations and other relevant entities in low-and middle-income countries in which there is limited legislation, compliance and enforcement, and resources for pesticide management.

The guidance provided in this publication is on enforcing compliance by on-site inspection of companies involved in pesticide production, import, distribution and retail sale. The publication is intended to be a practical, hands-on tool, with checklists that inspectors can use to prepare and conduct inspections at various sites and impose fines or penalties if deficiencies are found. It proposes a format for the report that inspectors submit to the responsible authorities after an inspection and that is filed for future reference. The guidance was prepared with the support of the FAO/WHO Joint Meeting on Pesticide Management, which advises FAO and WHO on producing guidance to promote compliance with the International Code of Conduct on Pesticide Management. The document was reviewed by experts of the Working Groups on Biocides and Pesticides of the Organisation for Economic Co‐operation and Development, and their contributions are gratefully acknowledged.

This new guidance will complement the technical guidance documents already developed to implement the FAO/WHO International Code of Conduct on Pesticide Management. It is developed jointly with WHO. This document is intended to guide pesticide regulators, especially in low- and middle-income countries, for designing and implementing national pesticide licensing schemes, outlining elements, requirements, and options for countries wishing to establish or strengthen their programs for licensing of activities related to the pesticide life cycle.

The understanding that some pesticides are more hazardous than others is well established. Recognition of this is reflected by the World Health Organization (WHO) Recommended Classification of Pesticides by Hazard, which was first published in 1975. The document classifies pesticides in one of five hazard classes according to their acute toxicity. In 2002, the Globally Harmonized System of Classification and Labelling of Chemicals (GHS) was introduced, which in addition to acute toxicity also provides classification of chemicals according to their chronic health hazards and environmental hazards.

International and national legal frameworks governing the trade and use of pesticides have undergone significant changes over the last twenty years. The International Code of Conduct on the Distribution and Use of Pesticides, the Rotterdam Convention, the Stockholm Convention, the Basel Convention and the Montreal Protocol are only some of the binding and non-binding international instruments applicable to part or all of the life cycle of a pesticide. Specific guidelines for implementation are often available from the secretariat of the applicable international instrument, but comprehensive guidance is generally lacking. Governments need a clear picture of their international obligations as well as guidance on the accepted international consensus on the proper management of pesticides. Upgraded national legislation is needed to align national frameworks with international norms. This text aims to provide governments wishing to design, reform or update their national legislation with up-to-date advice on all aspects of pesticide management. Although the recommendations for national legislative change are designed to be useful to all countries, the text highlights the particular problems faced by developing countries and countries in transition, offering practical solutions to common problems. Also published in Spanish.